DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 20-35 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 20 is objected to because of the following informalities: a comma is needed after “fulfilled” in line 10.
Claim 27 is objected to because of the following informalities: a comma is needed after “hardwood pulp” in line 5.
Claim 28 is objected to because of the following informalities: the parentheses should be removed.
Claim 30 is objected to because of the following informalities: “to its surface attached coating” should read “having a coating on its surface”.
Claim 32 is objected to because of the following informalities: a comma is needed after “hardwood pulp” in line 4.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 20-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 20, 23, 27, 28, 29, 30, 32, 33, and 34 recite acronyms without setting forth what they stand for.
Claim 20 recites the limitation “a main raw material of the second layer is…mechanical pulp, CTMP mass, or semi-chemical pulp”. Claim 20 requires that the barrier board be made of ordinary chemical pulp; therefore, the recitation of the other kinds of pulps render the scope of claim 20 indefinite.
Claim 20 recites the limitation “when the before mentioned raw material condition”. It is unclear as to whether this refers to the raw material of the first layer, the raw material of the second layer, or both rendering the scope of this limitation unclear.
Claim 20 recites the limitation “when the before mentioned raw material condition is fulfilled grinding values of the first layer and the second layer are the other way around than what has been defined before.” This limitation is unclear. It appears that this limitation trades the grinding SR values of the first and second layers, but this renders the scope of the claim indefinite because it is unclear as to which grinding SR value each layer is supposed to have. For purposes of examination, this limitation will not be treated on the merits and will not be considered.
Claims 21-26 are rejected as being dependent on indefinite claim 20.
Claims 28-31 are rejected as being dependent on indefinite claim 27.
Claims 33-35 are rejected as being dependent on indefinite claim 32.
Claim 25 recites the limitation “wherein a weight of the second layer is over 100 – 170 g sq m”. The recitation of a range as the lower limit of the basis weight of the layer renders the scope of the claim indefinite. For purposes of examination, this limitation will be read as “wherein a weight of the second layer is over 170 g sq m.”
Claim 30 requires that the barrier board consist of white or brown surface kraftliner that consists of board that has a grinding SR value under 35. Claim 27, from which claim 30 depends, requires that the first and second layers have a grinding SR value of over 50. These grinding SR values are mutually exclusive. For purposes of examination, claim 30 will not be treated on the merits and will not be considered.
Claim 35 recites the limitation “at least one of its layers”. Claim 32, from which claim 35 depends, recites only a single layer rendering the scope of claim 35 indefinite, i.e. it is unclear as to whether further layers are required.
Claim 35 recites the limitation “contains at least two layer-like to each other attached parts”. This limitation is unclear. For purposes of examination, this limitation will be read as “contains at least two layers that are attached to each other”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 20-22, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-grant Publication 2016/0016717 to Toubeau et al. (herein Toubeau).
Regarding claim 20, Toubeau teaches a fibrous substrate (abstract) that is repellent to fatty substances and water and is used as a barrier in packaging (paragraph 0030). Toubeau teaches that the substrate comprises a layer corresponding to the first layer recited in the instant claims (paragraph 0031) that can be made from softwood or hardwood Kraft pulp (paragraph 0041), i.e. softwood or hardwood chemical pulp, that is refined above 50° SR (paragraph 0043) which overlaps the claimed range. Toubeau teaches that the wood fibers have a length of 0.4 to 4 mm (paragraph 0045) and a diameter of 17 to 32 micrometers (paragraph 0046) which overlaps the claimed ranges. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I). Toubeau teaches that the fibrous substrate can comprise additional layers which can be the same as the first layer (paragraph 0069) which would give a second layer an SR value above 50°. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Regarding claims 21, 24, and 25¸ Toubeau teaches all the limitations of claim 20 as discussed above.
Toubeau teaches that the layers have a basis weight of 20 to 200 g/m2 (paragraph 0039). It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Regarding claim 22¸ Toubeau teaches all the limitations of claim 20 as discussed above.
As discussed above, Toubeau teaches that the substrate can contain additional layers (paragraph 0067) made of natural fibers (paragraph 0081) which, as discussed previously, can be made from softwood or hardwood Kraft pulp (paragraph 0041).
Claim(s) 23 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau as applied above and in view of WIPO Publication 2015/036930 to Hallgren et al. cited in the Information Disclosure Statement filed 25 April 2024 (herein Hallgren).
Regarding claims 23 and 26, Toubeau teaches all the limitations of claim 22 as discussed above.
Toubeau is silent as to the SR value of a third layer being below 35° or a basis weight of 40-80 gsm.
Hallgren teaches a multi-ply paperboard (abstract) comprising a top ply, back ply, and at least one middle ply (page 6, lines 27-29). The inventive examples use a top ply having a basis weight of 40 gsm (page 10, lines 10-11) and an SR value of 30.1° (Tables 1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the third layer of Toubeau to be the top layer of Hallgren in order to provide strength and good printing properties (page 2, lines 12-14).
Claim(s) 27, 29, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau in view of WIPO Publication WO 2022/071871 to Andersson et al. (herein Andersson).
Regarding claim 27, Toubeau teaches a fibrous substrate (abstract) that is repellent to fatty substances and water and is used as a barrier in packaging (paragraph 0030). Toubeau teaches that the substrate comprises a layer corresponding to the first layer recited in the instant claims (paragraph 0031) that can be made from softwood or hardwood Kraft pulp (paragraph 0041), i.e. softwood or hardwood chemical pulp, that is refined above 50° SR (paragraph 0043) which overlaps the claimed range. Toubeau teaches that the wood fibers have a length of 0.4 to 4 mm (paragraph 0045) and a diameter of 17 to 32 micrometers (paragraph 0046) which overlaps the claimed ranges. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I). Toubeau teaches that the fibrous substrate can comprise additional layers (paragraph 0069).
Toubeau is silent as to an additional layer being corrugated.
Andersson teaches a container board (abstract) that is a corrugated board wherein the liner and fluting layers are made from the same containerboard material (page 5, line 27 – page 6, line 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an additional layer of Toubeau to be a corrugated layer as taught by Andersson because applying a known technique to a known device has been head to be obvious. See MPEP 2143(I)(D).
Regarding claim 29, Toubeau and Andersson teach all the limitations of claim 27 as discussed above.
Toubeau teaches that the additional layers can be the same as the first layer (paragraph 0069) which would give a second layer an SR value above 50°. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Regarding claim 31, Toubeau and Andersson teach all the limitations of claim 27 as discussed above.
Toubeau teaches that the additional layers can be the same as the first layer (paragraph 0069). Toubeau teaches that the layers have a basis weight of 20 to 200 g/m2 (paragraph 0039). It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau and Andersson as applied above and further in view of WIPO Publication WO 2020/003129 to Lampainen et al. (herein Lampainen).
Regarding claim 28, Toubeau and Andersson teach all the limitations of claim 27 as discussed above.
Toubeau teaches that the layers can contain strengthening additives such as carboxymethyl cellulose (paragraph 0066).
Toubeau is silent as to the amount of carboxymethyl cellulose present.
Lampainen teaches a linerboard for corrugated board (abstract). Lampainen teaches that the linerboard is made from pulps comprising cellulose fibers (page 4, lines 14-15) and that strengthening additives such as carboxymethyl cellulose can be added (page 5, lines 19-21) in an amount of 0.1 to 1 wt% (page 5, lines 28-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the carboxymethyl cellulose of Toubeau in the amounts taught by Lampainen because it is known in the art as being suitable for the intended purpose. See MPEP 2144.07.
Claim(s) 32 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau.
Regarding claim 32, Toubeau teaches a fibrous substrate (abstract) that is repellent to fatty substances and water and is used as a barrier in packaging (paragraph 0030). Toubeau teaches that the substrate comprises a layer corresponding to the first layer recited in the instant claims (paragraph 0031) that can be made from softwood or hardwood Kraft pulp (paragraph 0041), i.e. softwood or hardwood chemical pulp, that is refined above 50° SR (paragraph 0043) which overlaps the claimed range. Toubeau teaches that the wood fibers have a length of 0.4 to 4 mm (paragraph 0045) and a diameter of 17 to 32 micrometers (paragraph 0046) which overlaps the claimed ranges. Toubeau teaches that the layers have a basis weight of 20 to 200 g/m2 (paragraph 0039). It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Regarding claim 35, Toubeau teaches all the limitations of claim 32 as discussed above.
Toubeau teaches that the fibrous substrate can comprise additional layers (paragraph 0069) which meets the claimed limitations.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau as applied above and in view of Lampainen.
Regarding claim 33, Toubeau teaches all the limitations of claim 32 as discussed above.
Toubeau teaches that the fibrous substrate can comprise additional layers (paragraph 0069). Toubeau teaches that the layers can contain strengthening additives such as carboxymethyl cellulose (paragraph 0066).
Toubeau is silent as to the amount of carboxymethyl cellulose present.
Lampainen teaches a linerboard for corrugated board (abstract). Lampainen teaches that the linerboard is made from pulps comprising cellulose fibers (page 4, lines 14-15) and that strengthening additives such as carboxymethyl cellulose can be added (page 5, lines 19-21) in an amount of 0.1 to 1 wt% (page 5, lines 28-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the carboxymethyl cellulose of Toubeau in the amounts taught by Lampainen because it is known in the art as being suitable for the intended purpose. See MPEP 2144.07.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toubeau as applied above and in view of U.S. Pre-grant Publication 2002/0136913 to Schaedler et al. (herein Schaedler).
Regarding claim 34, Toubeau teaches all the limitations of claim 32 as discussed above.
Toubeau teaches that the fibrous substrate can be subjected to surface treatments such as coating (paragraph 0133).
Toubeau is silent as to the type of coating used.
Schaedler teaches an aqueous polymer dispersion for use on paper, cardboard, or paperboard (abstract) used in food packaging (paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coating of Toubeau to be the aqueous dispersion of Schaedler because it would improve the impermeability to water vapor without a tendency toward yellowing (paragraph 0006).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY M DAVIS whose telephone number is (571)272-6957. The examiner can normally be reached M-F 7-4:30, off 2nd Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria V Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY M DAVIS/Primary Examiner, Art Unit 1783